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Section 91. If residents of any county, exceeding twenty-
four-in number, shall, within four months after the filing of
said survey and report in such county, file in the Circuit
Court for said county a petition, in writing, attested by the
oath of some one or more of the petitioners, alleging that five
or more adjacent acres of oyster beds, bars or rocks, in such
county, have been omitted from such survey, or that five or
more acres of barren bottoms have been included in such
survey, and designating the location of same by a plat, or as
near as may be with reasonable certainty by such land
marks as will locate and designate the beds alleged to have
been omitted or included, a judge of the Circuit Court for
the said county, after due notice given to the Board of Shell
Fish Commissioners, shall proceed to hear testimony and
decide the case, as provided in the succeeding section, but
this section shall not apply where the ground claimed by
the petitioners has been legally taken up prior to the
approval of this Act.
Section 92. Upon hearing a case presented by petition
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CHAP. 711
Judge of
Circuit
Court to hear
testimony in
reference to
the omission
from survey
of oyster
beds, etc.
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under the preceding section, the judge shall determine the
question whether the ground referred to in said petition is a
natural bed or barren bottom, and his finding on said ques-
tion shall be final, and shall be entered upon the records of
the Board of Shell Fish Commissioners in their office in the
city of Annapolis, and properly marked on the copies of the
plats as hereinbefore required.
Section 93. Such amended survey shall be filed in the
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Finding of
judge shall
be final.
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offices of the clerks of the Circuit Court for the counties in
which the original surveys hereinbefore provided are
required to be filed, and when so filed shall be conclusive
evidence in all the courts of this State as to whether the area
embraced therein is or is not a natural oyster bed, bar or
rock.
Section 94. Whenever a petition is filed in the Circuit
Court for any county, as authorized in Section 91 of this
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Amended
survey shall
be filed with
the clerk of
the Circuit
Court.
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Act, the parties so petitioning shall deposit twenty-five dol-
lars, to be returned to the petitioners if the judge shall
determine in favor of the petitioners; but if the judge shall
determine adversely to the petitioners, then said sum to be
applied, so far as necessary, to the payment of costs incurred
in the proceedings under said petition, and the balance to be
returned to said petitioners.
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Deposit of
twenty-five
dollars shall
be made.
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